Ramaswami, J.

1. This appeal is presented on behalf of the plaintiff against the judgment and decree of the Additional Subordinate Judge of Ranchi, dated 31st May 1947.

2. The plaintiff, Hazaribagh Mica Mining Company, Limited, had instituted a money suit in the Court of the Subordinate Judge of Hazaribagh and obtained a decree for Rs. 24,540 inclusive of costix agamic Mr. G.C. Kapoor, deiendant No. 3. In the course of execution proceedings, the plaintiff attached two properties, (Ij a house and land appurtenant thereto located on the Peace Road, Ranchi ana (2) a plot of garden land, area 1.70 acre on Booty Road in Mahaila Morabadi. Defendant No. 1, Mrs. Ashaiata Kapoor objected to the attachment on the ground that half share of the house belonged to her ana that the entire garden land belonged. to her minor son, defendant No. 2, Motichand Kapoor. The executing Court allowed the objection ana set aside attachment of the properties. The plaintiff thereupon brought the present suit under Order 21, Rule 63, Civil P.C., asking for a declaration that the properties belonged to defendant. Mr. G.C. Kapoor and were liable to be sold in execution of the decree. Defendants I and 2 co